Police Integrity Commission v Battal [2015] NSWSC 1798

Police Integrity Commission v Battal [2015] NSWSC 1798

It was appropriate to make the orders sought because the defendant had notice of the application, had chosen not to oppose, and the Trustee and Guardian did not object to payment provided its costs were covered.

Parties
Plaintiff: Police Integrity Commission; Defendant: Nasser Mohamad Battal; Respondent: New South Wales Trustee and Guardian
Jurisdiction
Australia
Judgment Date
30 November 2015
Procedural Posture
Application (notice of Motion) / Final Orders on Ex Parte Application
Outcome
Orders made as sought by plaintiff; dispensation with service on defendant; payment out and retention of costs ordered.
Legal Topics
Proceeds Assessment Order, Dispensation of Service, Trustee Payment of Seized Assets
Criminal Law Practice and Procedure Proceeds Assessment Order Dispensation of Service Trustee Payment of Seized Assets

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Parties

Police Integrity Commission

Plaintiff

Nasser Mohamad Battal

Defendant

New South Wales Trustee and Guardian

Respondent

Procedural Posture

Application (notice of Motion) / Final Orders on Ex Parte Application

Legal Issues

  1. 1 Whether to order the New South Wales Trustee and Guardian to pay moneys held on trust to the NSW Treasurer in partial discharge of a proceeds assessment order against the defendant
  2. 2 Whether service of the plaintiff's notice of motion on the defendant should be dispensed with

Ratio Decidendi

It was appropriate to make the orders sought because the defendant had notice of the application, had chosen not to oppose, and the Trustee and Guardian did not object to payment provided its costs were covered.

Court Disposition

Orders made as sought by plaintiff; dispensation with service on defendant; payment out and retention of costs ordered.

Orders

  • Requirement for service of plaintiff's notice of motion filed on 21 October 2015 upon the defendant dispensed with.
  • The New South Wales Trustee and Guardian is to pay $24,635.63 to the New South Wales Treasurer in partial discharge of proceeds assessment order against the defendant.